“孤儿作品”利用问题研究
发布时间：2019-05-07 03:21
【摘要】：“孤儿作品”并不是一个新鲜事物,但一直未受到人们的普遍关注,随着现代社会信息技术的发展,“孤儿作品”的存在带来了难以克服的利用难题,阻碍了文化资源的利用、交流与传承,进而不利于社会的发展。在Google案后,“孤儿作品”的利用问题逐渐进入人们的视野。世界各国各地区纷纷做出响应,美国先后提出了两个法案,欧盟颁布了《孤儿作品指令》,加拿大等国也纷纷进行立法尝试。我国也于2012年《著作权法》(修改草案)中也设立了相应条款试图解决“孤儿作品”利用问题。对此,本文首先通过对“孤儿作品”这一事物进行分析研究,总结出其内涵和外延;其次分析“孤儿作品”涉及的有关著作权基本理论,为解决其利用问题提供理论基础;再次分析比较目前世界各国和地区比较有代表性的几个解决方案;最后分析我国“孤儿作品”的立法现状及其存在的问题,提出我国设立“孤儿作品”利用方案的建议,试图完善我国的利用制度和机制。本文主要通过比较几个有代表性的解决方案、分析部分官方网站的数据等方法,一方面既充分博采外国方法之所长,另一方面又根据从自身国情及特定具体问题具体分析,提出了对“孤儿作品”利用制度进行完善的方案,包括直接规定“无人继承的作品”的著作权进入公有领域、制定合理的“勤勉查找”标准、建立一套适合国情的“孤儿作品”版权信息公示及授权机制和严格限定使用者的范围等。
[Abstract]:"Orphan works" is not a new thing, but has not been universally concerned by people. With the development of information technology in modern society, the existence of "orphan works" brings difficult problems to be overcome and hinders the use of cultural resources. Communication and inheritance are not conducive to the development of society. After the Google case, the utilization of Orphan works has gradually entered people's field of view. Many countries and regions all over the world have responded one after another, the United States has put forward two bills successively, the European Union has promulgated the Orphan works Directive, Canada and other countries have also carried on legislative attempts one after another. In 2012, China also set up the corresponding provisions in the copyright Law (revised draft) to solve the problem of the use of orphan works. In order to solve the problem of "Orphan works", this paper summarizes the connotation and extension of "Orphan works", and then analyzes the basic theory of copyright involved in "Orphan works", which provides the theoretical basis for solving the problems of its utilization. Thirdly, it analyzes and compares several representative solutions of the countries and regions in the world at present. Finally, this paper analyzes the legislative status and existing problems of orphan works in China, and puts forward some suggestions on how to set up a scheme for the utilization of orphan works in our country, in order to improve the utilization system and mechanism of our country. This article mainly compares several representative solutions, analyzes the data of some official websites and other methods, on the one hand, not only fully adopts the advantages of foreign methods, on the other hand, according to their own national conditions and specific problems specific analysis, This paper proposes a scheme to improve the utilization system of "orphan works", including directly stipulating that the copyright of "uninherited works" enters the public domain and formulating a reasonable standard of "diligent search". Establish a set of "orphan works" copyright information publicity and authorization mechanism and strictly limit the scope of users and so on.
【学位授予单位】：广东财经大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D923.41
本文编号：2470728
[Abstract]:"Orphan works" is not a new thing, but has not been universally concerned by people. With the development of information technology in modern society, the existence of "orphan works" brings difficult problems to be overcome and hinders the use of cultural resources. Communication and inheritance are not conducive to the development of society. After the Google case, the utilization of Orphan works has gradually entered people's field of view. Many countries and regions all over the world have responded one after another, the United States has put forward two bills successively, the European Union has promulgated the Orphan works Directive, Canada and other countries have also carried on legislative attempts one after another. In 2012, China also set up the corresponding provisions in the copyright Law (revised draft) to solve the problem of the use of orphan works. In order to solve the problem of "Orphan works", this paper summarizes the connotation and extension of "Orphan works", and then analyzes the basic theory of copyright involved in "Orphan works", which provides the theoretical basis for solving the problems of its utilization. Thirdly, it analyzes and compares several representative solutions of the countries and regions in the world at present. Finally, this paper analyzes the legislative status and existing problems of orphan works in China, and puts forward some suggestions on how to set up a scheme for the utilization of orphan works in our country, in order to improve the utilization system and mechanism of our country. This article mainly compares several representative solutions, analyzes the data of some official websites and other methods, on the one hand, not only fully adopts the advantages of foreign methods, on the other hand, according to their own national conditions and specific problems specific analysis, This paper proposes a scheme to improve the utilization system of "orphan works", including directly stipulating that the copyright of "uninherited works" enters the public domain and formulating a reasonable standard of "diligent search". Establish a set of "orphan works" copyright information publicity and authorization mechanism and strictly limit the scope of users and so on.
【学位授予单位】：广东财经大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D923.41
【引证文献】
相关硕士学位论文 前1条
1 王晶;我国著作权强制许可制度构建研究[D];新疆大学;2018年
，本文编号：2470728
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